Federal Aviation Administration, Southern Region, Balboa, Canal Zone, Airway Facilities Branch (Activity) and Professional Airways Systems Specialists National (Petitioner) and Federal Aviation Science and Technological Association (Intervenor); Federal Aviation Administration (Activity) and Federal Aviation Science and Technological Association (Petitioner) 



[ v03 p709 ]
03:0709(114)RO
The decision of the Authority follows:


 3 FLRA No. 114
 
 FEDERAL AVIATION ADMINISTRATION,
 SOUTHERN REGION, BALBOA, CANAL ZONE,
 AIRWAY FACILITIES BRANCH /1/
 Activity
 
 and
 
 PROFESSIONAL AIRWAYS SYSTEMS
 SPECIALISTS NATIONAL
 Petitioner
 
 and
 
 FEDERAL AVIATION SCIENCE AND
 TECHNOLOGICAL ASSOCIATION
 Intervenor
                                            Case No. 2-RO-1 /2/
 
 
 FEDERAL AVIATION ADMINISTRATION
 Activity
 
 and
 
 FEDERAL AVIATION SCIENCE AND
 TECHNOLOGICAL ASSOCIATION
 Petitioner
                                            Case No. 2-CU-1 /3/
 
                            DECISION AND ORDER
 
    UPON PETITIONS FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY UNDER
 SEC. 7111(B) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE,
 5 U.S.C. 7101-7135, A CONSOLIDATED HEARING WAS HELD BEFORE A HEARING
 OFFICER OF THE AUTHORITY.  THE AUTHORITY HAS REVIEWED THE HEARING
 OFFICER'S RULINGS MADE AT THE HEARING AND FINDS THAT THEY ARE FREE FROM
 PREJUDICIAL ERROR.  THE RULINGS ARE HEREBY AFFIRMED.
 
    UPON THE ENTIRE RECORD IN THIS CASE, INCLUDING BRIEFS FILED BY THE
 ACTIVITY (FAA) AND FEDERAL AVIATION SCIENCE AND TECHNOLOGICAL
 ASSOCIATION (FASTA) THE AUTHORITY FINDS:
 
    THE LABOR ORGANIZATIONS INVOLVED CLAIM TO REPRESENT CERTAIN EMPLOYEES
 OF THE ACTIVITY.  IN ITS PETITION IN CASE NO. 2-RO-1, THE PROFESSIONAL
 AIRWAYS SYSTEMS SPECIALISTS NATIONAL (PASS) SEEKS AN ELECTION IN A UNIT
 CONSISTING OF ALL AMERICAN CITIZENS WHO ARE NON-PROFESSIONAL EMPLOYEES
 OF THE CANAL ZONE AIRWAY FACILITIES SECTOR, EXCLUDING ALL PROFESSIONAL
 EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A
 PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, LOCAL HIRES,
 CONFIDENTIAL EMPLOYEES AND SUPERVISORS.
 
    FASTA SOUGHT, AND WAS GRANTED, INTERVENTION ON THE PETITION FILED BY
 PASS.  FASTA ALSO FILED A CLARIFICATION OF UNIT (CU) PETITION IN CASE
 NO. 2-CU-1 SEEKING TO CLARIFY THE STATUS OF THE SAME EMPLOYEES WITH
 RESPECT TO A NATIONWIDE UNIT FOR WHICH FASTA HOLDS EXCLUSIVE
 RECOGNITION.  THE FASTA UNIT IS DESCRIBED AS FOLLOWS:
 
    INCLUDED:  ALL EMPLOYEES OF THE AIRWAY FACILITY DIVISION LOCATED IN
 THE REGIONS OF THE
 
    FEDERAL AVIATION ADMINISTRATION.
 
    EXCLUDED:  PROFESSIONAL EMPLOYEES, EMPLOYEES ENGAGED IN FEDERAL
 PERSONNEL WORK IN OTHER
 
    THAN A PURELY CLERICAL CAPACITY, MANAGEMENT OFFICIALS, GUARDS,
 SUPERVISORS AS DEFINED IN
 
    EXECUTIVE ORDER 11491, AS AMENDED, AIRWAY FACILITY EMPLOYEES ASSIGNED
 TO THE WASHINGTON
 
    HEADQUARTERS, THE NATIONAL AERONAUTICAL FACILITIES EXPERIMENTAL
 CENTER, ATLANTIC CITY, NEW
 
    JERSEY, THE AERONAUTICAL CENTER, OKLAHOMA CITY, OKLAHOMA, AND THE
 AIRWAYS FACILITIES DIVISION
 
    EMPLOYEES REPRESENTED EXCLUSIVELY AT THE FOLLOWING LOCATIONS:  THE
 ST. PAUL, MINNESOTA AIRWAY
 
    FACILITIES SECTOR, THE MINNEAPOLIS, MINNESOTA AIRWAY FACILITIES
 SECTOR, CHICAGO O'HARE AIRWAY
 
    FACILITIES SECTOR, THE LONGMONT, COLORADO AIRWAY FACILITIES SECTOR,
 THE TAMPA, FLORIDA AIRWAY
 
    FACILITIES SECTOR, THE OAKLAND, CALIFORNIA AIRWAY FACILITIES, THE
 MCCLELLAN AIR FORCE BASE
 
    AIRWAY FACILITIES SECTOR, THE ALBUQUERQUE, NEW MEXICO MAINTENANCE
 ENGINEERING FIELD OFFICE,
 
    THE OKLAHOMA FIELD MAINTENANCE PARTY, THE EASTERN REGION
 HEADQUARTERS, THE PACIFIC-ASIAN
 
    REGION, THE TULSA, OKLAHOMA AIRWAY FACILITIES SECTOR, THE DENVER,
 COLORADO AIRWAY FACILITIES
 
    SECTOR;  THE ALBUQUERQUE, NEW MEXICO AIRWAY FACILITIES SECTOR, THE
 ATLANTA, GEORGIA AIRWAY
 
    FACILITIES SECTOR 18200, ATLANTA MUNICIPAL AIRPORT AND THE ALASKAN
 REGION.
 
    CITING FEDERAL AVIATION ADMINISTRATION (FAA) AND FEDERAL AVIATION
 ADMINISTRATION, EASTERN REGION, 5 A/SLMR 776, A/SLMR NO. 600 (1975), THE
 FAA TAKES THE POSITION THAT THE EMPLOYEES INVOLVED IN THE PETITIONS ARE
 PART OF THE NATIONWIDE UNIT REPRESENTED BY FASTA INASMUCH AS THAT UNIT
 WAS ESTABLISHED AS A RESIDUAL UNIT OF ALL UNREPRESENTED AIRWAY
 FACILITIES DIVISION EMPLOYEES IN THE REGIONS OF FAA.  THUS, FAA ARGUES
 THAT THERE COULD BE NO REMAINING UNREPRESENTED NON-PROFESSIONAL AIRWAY
 FACILITIES EMPLOYEES IN ITS REGIONS FOLLOWING ESTABLISHMENT OF THE
 NATIONWIDE RESIDUAL UNIT.  FAA MAINTAINS THAT THE UNIT PETITIONED FOR BY
 PASS IS INAPPROPRIATE IN THAT THE EMPLOYEES OF THE BALBOA, CANAL ZONE,
 AIRWAY FACILITIES BRANCH DO NOT POSSESS A COMMUNITY OF INTEREST WHICH IS
 SEPARATE AND DISTINCT FROM THAT OF EMPLOYEES IN THE EXISTING FASTA UNIT.
  MOREOVER, FAA ARGUES THAT THE UNIT PROPOSED BY PASS WOULD NOT PROMOTE
 EFFECTIVE DEALINGS OR EFFICIENCY OF AGENCY OPERATIONS.
 
    FASTA MAKES, ESSENTIALLY, THE SAME ARGUMENT AS FAA AND MOVES THAT THE
 PETITION FILED BY PASS BE DISMISSED.
 
    PASS'S POSITION, AS STATED AT THE HEARING, IS THAT THE EMPLOYEES IN
 THE UNIT FOR WHICH IT PETITIONS SHARE A COMMUNITY OF INTEREST AND THAT
 UNITS OF SIMILAR SCOPE AS THAT PETITIONED FOR EXIST WITHIN THE AIRWAY
 FACILITIES DIVISION OF FAA.
 
    PURSUANT TO SEC. 3(C) OF EXECUTIVE ORDER 11491, AS AMENDED, /4/ THE
 DEPARTMENT OF TRANSPORTATION DETERMINED THAT THE ORDER WOULD NOT APPLY
 TO EMPLOYEES ASSIGNED TO DEPARTMENTAL ACTIVITIES IN THE PANAMA CANAL
 ZONE.  AS A RESULT OF THIS EXCLUSION THE EMPLOYEES AT ISSUE WERE NOT
 INCLUDED FASTA'S NATIONWIDE UNIT, OR ANY OTHER UNIT OF EXCLUSIVE
 RECOGNITION.  THERE IS NO PROVISION COMPARABLE TO SEC. 3(C) IN THE
 FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (STATUTE).
 
    THE AIRWAY FACILITIES BRANCH LOCATED IN BALBOA, CANAL ZONE, IS
 COMPOSED OF THE FOLLOWING:  THE ENVIRONMENTAL SUPPORT UNIT, LOGISTICS
 STAFF, TECHNICAL STAFF, DEVELOPMENTAL RELIEF STAFF, COMMUNICATIONS
 NAVAIDS UNIT, AND RADAR UNIT. THE BRANCH ALONG WITH TWO OTHER
 ORGANIZATIONAL ELEMENTS (CENTER/RADAR APPROACH CONTROL AND INTERNATIONAL
 FLIGHT SERVICE STATION) CONSTITUTE THE BALBOA AREA OFFICE.  THE BALBOA
 AREA OFFICE IS PART OF THE SOUTHERN REGION OF FAA.  THE AIRWAY
 FACILITIES BRANCH IS HEADED BY A BRANCH CHIEF WHO REPORTS TO THE AREA
 MANAGER, BALBOA AREA OFFICE, WHO, IN TURN, REPORTS TO THE REGIONAL
 DIRECTOR OF THE SOUTHERN REGION. BASED ON EVIDENCE SUBMITTED, IT APPEARS
 THAT THE ORGANIZATION OF THE BALBOA AIRWAY FACILITIES BRANCH IS SIMILAR
 TO THAT OF THE AIRWAY FACILITIES SECTORS THROUGHOUT THE SOUTHERN REGION.
 
    THE MISSION AND FUNCTION OF THE BRANCH ARE, PRIMARILY, MAINTENANCE OF
 EQUIPMENT AND FACILITIES AND ASSURANCE THAT OPERATIONS ARE IN ACCORDANCE
 WITH ESTABLISHED STANDARDS. THE RECORD REVEALS THAT THERE ARE
 APPROXIMATELY 49 EMPLOYEES ASSIGNED TO THE AIRWAY FACILITIES BRANCH.
 THE MAJORITY ARE ELECTRONIC TECHNICIANS AND THE REST ARE, PRINCIPALLY,
 CLERICAL SUPPORT STAFF AND MECHANICS.  THE PRIMARY DUTIES OF ELECTRONIC
 TECHNICIANS ARE THE PERFORMANCE OF CORRECTIVE AND PREVENTIVE MAINTENANCE
 ON EQUIPMENT AND ASSURANCE THAT EQUIPMENT IS OPERATING ACCORDING TO
 STANDARDS.  THE RECORD REVEALS THAT THEIR DUTIES ARE THE SAME AS THOSE
 OF OTHER ELECTRONIC TECHNICIANS THROUGHOUT THE AIRWAY FACILITIES
 DIVISION OF THE FAA AND THAT THEY UTILIZE THE SAME HANDBOOKS AND ATTEND
 THE